terms

terms

The following represents the general Terms of Use agreement for all Cayman Information Service.com Content Pool related sites, data stores, and content sources. This Cayman Content Pool ™ is designed, hosted, and managed by Cayman Information Service, it's subsidiaries and associated companies.

Cayman Information Service, its subsidiaries, affiliates, and content pools (collectively "CIS") provide you with access to this Web site and the services available on this Web site, or other Web sites linked or associated (collectively, the "Services" ). Access to and use of the Services is governed by these Terms of Use. By accessing or using the Services, you indicate your assent to be bound by the Terms of Use, and your acknowledgment of and agreement to its terms.

General
Services
The Services include a variety of Cayman Islands related content based Services supporting travel, transportation, and Cayman business and property owners. These services include content sites, company specific sites, search capabilities, inquiry, and email capabilities.The Services act as a system or venue to introduce you to buyers and sellers of goods and services and providers of information related to the Cayman Islands.

CIS uses reasonable efforts to ensure the availability of the information and content, including links, that it makes available through the Services. However, the Services are composed of content not always offered or controlled by CIS. CIS does not control (i) the quality, safety or legality of items available through or on its advertisers' Web sites or sites of third parties not in privity of contract with CIS, (ii) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Services), or (iii) the availability or technical capabilities of their Web sites or links to those Web sites.

CIS is not liable or responsible for content supplied or approved by third parties, or for actions you might take in reliance on that content. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms.

CIS does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the Services, CIS is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers. If you have a dispute with one or more advertisers, you agree to release and hereby release CIS (and CIS's officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If applicable, you waive California Civil Code section 1542, which says:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Only Personal Use is Authorized
Under this Agreement, CIS gives you limited permission to access and use the Services only for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services.

This restriction means, among other things, that you may not mirror on your own Web site any portion of the Services or display through your own Web site any results pages or other information from the Services without CIS's express permission.

The technology underlying, and content within, the Services is owned by CIS and/or its licensors (including CIS's advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. That would not be a good thing. As between you and CIS, CIS owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.

Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. CIS DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CIS's Potential Liability for the Services is Limited
NEITHER CIS NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. CIS WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF CIS, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

Defamation, Copyright and Trademark Claims
CIS is a provider of an interactive computer services for purposes of 47 U.S.C. section 230. As such, its liability for others' conduct and information is limited as described therein. Further, CIS is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, CIS has designated an agent to receive notifications of alleged copyright infringement on the Services:

Business and Legal Affairs Cayman Information Service
4420 White Rock Lane
Plano, TX 75024

Tel: 469/443-7601
Fax: 972/731-7950
E-Mail: copyright@caymaninformationservice.com

In notifying CIS of alleged copyright infringement, you must include the following information:

	A description of the copyrighted work that is the subject of claimed infringement
	A description of the infringing material and information sufficient to permit CIS to locate the alleged material
	Contact information for you, including your address, telephone number and/or e-mail address
	A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law
	A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed
	A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf

Failure to include all of the above-listed information may result in the delay of the processing of your complaint. For more information on the Digital Millennium Copyright Act please visit the United States Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/.

CIS does not arbitrate or resolve trademark disputes among CIS's advertisers or between those advertisers and third parties. However, CIS will promptly comply with an order of a court of competent jurisdiction concerning a trademark issue. CIS occasionally receives requests to remove listings from within the Services. CIS reserves the right to address such requests on a case-by-case basis.

Objectionable Material and Family Filtering
CIS encourages you to use discretion when browsing the Internet or using the Services. The Services may contain information that you find objectionable, harmful, deceptive or otherwise inappropriate, especially for children. If this is a concern for you, CIS encourages you to use the adult filtering service that may be provided by CIS. To ensure you do not receive offensive material, nevertheless, you must install your own filtering software if you wish to limit the content available through the Services.

If you come across any CIS related site that you believe contains child pornography or other illegal material, please contact copyright@caymaninformationservice.com and we will contact the authorities as appropriate.

Privacy and Data Collection
CIS does not collect personally identifying information from users of the Services unless users have explicitly given such information to CIS (for example, when becoming an advertiser or when sending us an e-mail with a question or as part of a contest). CIS's information practices are further described in its privacy policy. CIS's privacy policy is part of this Agreement, and you agree that use of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights. If you have entered into another agreement with CIS (such as an Affiliate Agreement or an Advertiser Agreement), then you may be subject to additional or different provisions regarding privacy and data collection. If you would like more information, please read our privacy policy. You should consider any communication that you transmit to CIS (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that CIS will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.

Control over Features, Functions, and Access to the Services
CIS reserves the right to change any information, features and functions of the Services without prior notice. CIS may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that CIS determines, in its sole discretion, violate this Agreement, the rights of CIS or any third party, or is otherwise inappropriate.

Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. CIS's failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Arbitration
Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Plano, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or CIS may seek any interim or preliminary relief from a court of competent jurisdiction in Plano, Texas, as necessary to protect the rights or property of you or CIS.

Notice
You may direct any questions concerning this Agreement to:

Cayman Information Service
Business Affairs
4420 White Rock Lane

Plano, TX 75024

Tel:469/443-7601

Fax: 972/731-7950

Email: copyright@caymaninformationservice.com

Amendment
CIS may amend this Terms of Use at any time by posting the amended terms on its Web site.
This Terms of Use agreement was last revised on January 18, 2005.